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HomeMy WebLinkAbout06-29-19 Public Comment - K. Cooksey - Legislative Bail PoliciesFrom:agenda@bozeman.net To:Agenda Subject:Thank you for your public comment. Date:Saturday, June 29, 2019 1:52:19 AM A new entry to a form/survey has been submitted. Form Name:Public Comment Form Date & Time:06/29/2019 1:52 AM Response #:227 Submitter ID:18485 IP address:205.149.8.201 Time to complete:1 min. , 38 sec. Survey Details Page 1 Public comment may be submitted via the form below, or by any of the following options. Public comment may also be given at any public meeting. Email: agenda@bozeman.net Mail to: Attn: City Commission PO Box 1230 Bozeman, MT 59771 In-person delivery to: Attn: City Commission City Clerk's Office City Hall, Suite 202 121 N. Rouse Ave. Bozeman, MT First Name Keith Last Name Cooksey Email Address dontbeafoolat50@gmail.com Phone Number 406-980-1533 Comments Dear Bozeman City Commissioners and (DMTD) We are formally filing a complaint addressing what We see as reckless policies, set forth and implemented by the State of Montana and It's local governing entities in Gallatin County.. It is Our intent to substantiate that such policies have endangered the well being of a minor child. We therefore set forth at this time Allegations that this criminal conduct enacted by The State of Montana, has occurred in part through Case No. TK-115-2019-01728 presently in front of The Bozeman municipal Court ,As residents of Gallatin County, We are utterly appalled and dismayed by the lack of legislative and supervisory oversight at Gallatin County Detention Center as a sixteen year old youth was permitted to bail out an alleged drug offender, and has been named, as the responsible bonding agent by The State of Montana, as such. Firstly, a State sanctioned. bail agent form was supplied to the youth..It clearly fails to substantiate the age of the applicant. Secondly,the State employee on duty at the detention center that took the form did not, require any identification from the youth to show the "bailing agent" was of legal fit age (18). We spent a week seeking resolution to this matter, finally acting upon the advice of the Gallatin Detention Center We were advised to go to the Clerk of the Courts office and rescind the ill bond. Upon our arrival the youth, produced their ID to show the employee at the Clerk of the Court's office We were then told by the clerk "WE" were the responsible party for the bond saying "He doesn't look 16"., We responded, "Well then it's a good job you don.t sell alcohol or tobacco then isn't it?" We really couldn't believe what we were hearing from an official representing the Clerk of The Court's office . Post Fact to the ill bail, subsequent crimes involving the named Defendant, in the aforementioned Court case, were committed that did directly have a negative impact on said youth at the negligence of the states policies.It is our contention,and it will be shown through documentation. Subsequently. Under RULE 4(1) of Montana Civil Code such persons employed by The State of Montana did,through direct action thereof, cause the minor child to become delinquent and did endanger this child and therefor committed child abuse under MCA 41-3-102(7)(ii)(21) (5) as They have caused a "substantial risk of physical and psychological harm to a child and (21) "failed to intervene or eliminate the risk". It is therefore our contention that the State of Montana has subsequently acted recklessly as described in MCA 45-8-105(1)(2)(a)(b) under OFFENSES AGAINST PUBLIC ORDER ,Conduct Disruptive of Public Order. as the State has advocated a crime We are ,however, as legislated under MCA 2-9-305(1(5)) only holding the supervisory governing agencies responsible for these criminal acts directly. Unconstitutionally based policies, lack of supervisory control over State employees and training of state employees lies squarely in Statute under State control. We are asking for a review of policy and expect changes so that this "Official Malfeasance" shall endanger no minor child to suffer future . irresponsible governance. MCA 2-9-313 require Service of process on the state. In all actions against the state arising under this chapter, the state must be named the defendant and the summons and complaint must be served on the director of the department of administration in addition to service required by Rule 4(l), M.R.Civ.P. state shall serve an answer within 40 days after service of the summons and complaint. A copy of this "Tort Complaint" may be filed with the (RMTD) seeking relief for the aggrieved parties under 2-9-303. Compromise or settlement of claim against state. We look forward to your timely response and thank you in advance for your attention to this matter of the upmost importance.. Sincerely Keith T Cooksey- Attachments (optional) Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email.